LawColloquy

  ‘Law Colloquy’ has been created for documenting short precise and substantive articles/ notes/ videos/ news on perceptions regarding various important topics of law.  

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In the information age, identity is deemed as one of the most crucial aspects for truly reaping the privileges of being born as a human – every aspect of human life, be it the inclusion or respect in the society, working, making money, educating, travelling etc., revolve around a few documents, so attested by the State, which proves the existence of an individual.

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In the information age, identity is deemed as one of the most crucial aspects for truly reaping the privileges of being born as a human – every aspect of human life, be it the inclusion or respect in the society, working, making money, educating, travelling etc., revolve around a few documents, so attested by the State, which proves the existence of an individual. And while numerous ways of confirming such identities have evolved, the primitive method of “naming” a person continues to be in vogue even today, be it in the personal or professional era. The rapid development and the continued reliance of individuals upon the administrative departments for availing numerous benefits of the State mandate citizens to maintain a prior record of necessary documents to that effect, implying the need to have a proper legal name therein. Any contradiction therein, that even the slightest mismatch of names on such documents can destroy one’s social life today. As humans, we are prone to errors and attracted to change, bearing which the Democratic Government like that of India permits its citizens to change their names and, as of today, even recognise it as an integral facet of their right to privacy, assuring minimum interference with the name people to seek to be recognised by in the society. While reasonable restrictions prohibit the exercise of such rights in a few instances, the unreasonable restriction of such rights is practically impermissible in the country. Despite the situation in law, it was observed in one case, wherein one Dinky Gupta was refused by CBSE to change her legal name. The high court of Kerala gave the verdict in favor of the petitioner and allowed her to change her name as a matter of a constitutional right.

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Live-in Relationship in India

Abstract

Live in Relationship is increasing in India being an simple manner much like union. It's thought as a national cohabitation between an adult couple that aren't married. Apparently it seems such as a stress-free companionship with no legal duties; therefore, it has a number of complications, responsibilities and obligations. Recently efforts have been designed to create it at the ambit of a few legislation.

It's no more an offence India and lots of tips regarding maintenance, land and also the lawful status of a young child are issued in a variety of decisions of the Apex Court. Still it's just a debatable issue in India. The main focus of this guide is really on to grasp the idea of live in romantic relationship with the assistance of secondary origins.

Subsequently, an endeavor was built to study the challenges and problems faced with the couples together with the assistance of illustrative and analytical methodology. Last, the report asserts on the demand for framing a different, secular and gender-sensitive law to the couple preferring to cohabit at a live in relationship.

Introduction

Live in Relationship is a institution where two different people cohabit out union. The Idea is Accepted and legalized in most nations round the universe. In Accordance with the Apex Court, to get a guy and also a Woman in like to call home together is a portion of this right to life'; hence, a live in relationship is no longer An offence.

It's important to say that primarily it reveal the definition of 'wife' and think of a female in a live-in relationship equally wife. 2005, that can be regarded as the very first piece of legislation supplied legal recognition to connections beyond Many efforts have been made to deliver it at the purview of several legislation such as domestic violence, Maintenance, land, the lawful status of a kid, as a way to modulate the dynamics of the new social order. Marriage at the Indian civilization was thought to be a sacred bond as the times.

The Thought of Union has always improved as time passes. With the constant growth in human and society Psychology, the idea of relationship and marriage has additionally progressed. The current creation is More liberal and generous concerning the concept and idea of cohabitation. Though it seems like a silent, relaxed and comfortable companionship and with no lawful responsibility Towards one another, to the other hand, in addition, it includes lots of complications, responsibilities and legal obligations.

Research methodology

In the following report, the research methodology will be doctrinal in character. The principal focus would be onto grasp the idea, laws, Act, books, news, and cases regarding a live in relationship in India and understand the dynamics of this new social arrangement. Afterward, an endeavor was designed to study the challenges and problems faced by the couples with the help of descriptive and analytical methodology.

Lastly, from the context of the problems being faced by those who volunteer to adopt this emerging trend of cohabitation, the newspaper argues on the demand for framing a separate, self indulgent and gender-sensitive law to the couple preferring to cohabit at a livein relationship.

Marriage and live in

In India union, considering that the Vedic period was regarded as being a sacred bond. Marriages in India occur following personal law of their religion to that the party belongs or observing provisions of the Special Marriage Act. Marriage, in accordance with regulations, represents a contract between a male and a lady, where the parties struggle to live together and encourage each other.

The idea of union has progressed as time passes. Marriage is normally thought among the fundamental civil rights following the state service. Union, thus, includes legal requirements of habit, vulnerability, selectiveness and the legal effects that flow out of this relationship.

A live in relationship has not been accepted in India, unlike a number of different nations. But with steady social progress and far-reaching intricacies of union, individuals are choosing a different association like live-in-relation to develop a lasting conjugal relationship, that will be similar to union but outside of union.

Live-in relationship is not an offence

The Apex Court in its various conclusions has said when a guy and a woman living in the manner of a husband and a wife in an long term relationship and have even kids, the judiciary will assume that both were both wed and also same legislation are related in their mind and their own relationship.

The notion of a live-in relationship has been first recognized in Payal Sharma v. Nari Niketan1 by the Allahabad High Court, by which it's detected by the Bench comprising Justice M. Katju and Justice R.B. Misra that,"In our opinion, a guy and a female, actually without becoming married, could live together when they want to.

This could possibly be considered untrue by society, however it's not prohibited. There's a gap between morality and law." Later, at S. Khushboo v. Kanniammal & anr2 instance, the Supreme Court found that live- compared between 2 adults without proper union can't be viewed as a offence. Further, it's added that there wasn't any law forbidding entry relationships or same-sex intercourse. Read More

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Law Colloquy - LCJLS has been created for documenting short precise and substantive articles/notes/ videos/news on perceptions regarding various important topics of law. 

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Vicarious liability in medical negligence is a growing concept in India and most of the jurisprudence for the same comes from either older United Kingdom cases or the cases of the different State Supreme Courts in the United States of America. As more cases of medical injuries come before the Indian courts, the judiciary is often helpless to tackle the same in the light of lack of proper legislations as well as jurisprudence in this regard. Through this paper, we will attempt to understand the basic and relevant terms such as medical negligence; vicarious liability; duty of care; et al. that will help us understand the nuances of this topic better. This research paper will analyse the meaning of medical negligence and vicarious liability independently in brief and focus on what vicarious liability means in terms of medical negligence. Furthermore, this paper will dwell into the various doctrines related to vicarious liability in medical negligence cases that have developed in courts in different jurisdictions over the years. For a better understanding of the topic, we will look at the position of vicarious liability in medical negligence in other jurisdictions, namely the United States of America and South Africa before we study the relevant case laws in India that have developed whatever little jurisprudence that exists in India.

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Stem cells are the unspecialised cells that have the exceptional ability to renew themselves through cell division and under certain natural or experimental conditions; they can be induced to become specialised cell types. Generally, adult stem cells, embryonic stem cells, and induced stem cells are popular amongst various stem cells. Of these stem cells, no considerable ethical concern has been raised against the use of Adult Stem Cell; however, Embryonic Stem cell has been under the controversy from the very beginning. This is because embryonic stem cells are derived by destroying the embryo, which some scholars considered as equivalent to the human being. Thus, destroying an embryo is similar to the killing of a human being. Simultaneously, these stem cells have a therapeutic use, and some scholars also presume that treatment of diseases like Diabetes, Cancer, and hurt is possible through stem cells. To understand Stem Cell Research, this article discusses first in part I about stem cell research and types of stem cells. In part II, we will discuss the importance of stem cell research with some case studies and possibilities of the therapeutic use of stem cell for the COVID-19. In part III, we will analyse the ethical, moral, religious, and other issues against the use of stem cell research. In part IV, we will analyse the existing legal framework and patentability of stem cells in the UK, USA, and India. Finally, in part V, we will discuss findings and concludes. In this paper, the researcher has applied the doctrinal method of research based on the secondary data available on the various locations of the internet, books, and case laws.

[lawcolloquy]

'Law Colloquy' has beed created for documenting short precise and substantive articles/notes/videos/news on perceptions regarding various important topics of law. Our aim is to make people familier with the different theories, statutes, laws, and to help one understand and develop the legal mindset.

[lawcolloquy]

Live-in relationship is prominently increasing in India as an easy way similar to marriage. It is defined as a domestic cohabitation between an adult couple who are not married. Apparently, it appears like a stress-free companionship without any legal obligations; conversely, it has many complications, responsibilities and legal liabilities.

[lawcolloquy]

Live-in relationship is prominently increasing in India as an easy way similar to marriage. It is defined as a domestic cohabitation between an adult couple who are not married. Apparently, it appears like a stress-free companionship without any legal obligations; conversely, it has many complications, responsibilities and legal liabilities. Recently attempts have been made to bring it in the ambit of some laws. It is no longer an offence in India and many guidelines pertaining to maintenance, property, the legal status of a child have been issued in various decisions of the Apex Court. Still it is a debatable issue in India. There are many grey areas which need appropriate attention like, official documentation, cultural issues, property rights, will and gift rights, anti-religion status, LGBT community and so on. The primary focus of the article is on to comprehend the concept of live-in relationship with the help of secondary sources. Thereafter, an attempt has been made to study the problems and challenges faced by the couples with the help of descriptive and analytic methodology. Lastly, the article argues on the need for framing a separate, secular and gender-sensitive law for the couple opting to cohabit in a live-in relationship.

[lawcolloquy]

Live-in relationship is prominently increasing in India as an easy way similar to marriage. It is defined as a domestic cohabitation between an adult couple who are not married. Apparently, it appears like a stress-free companionship without any legal obligations; conversely, it has many complications, responsibilities and legal liabilities. Recently attempts have been made to bring it in the ambit of some laws. It is no longer an offence in India and many guidelines pertaining to maintenance, property, the legal status of a child have been issued in various decisions of the Apex Court. Still it is a debatable issue in India. There are many grey areas which need appropriate attention like, official documentation, cultural issues, property rights, will and gift rights, anti-religion status, LGBT community and so on. The primary focus of the article is on to comprehend the concept of live-in relationship with the help of secondary sources. Thereafter, an attempt has been made to study the problems and challenges faced by the couples with the help of descriptive and analytic methodology. Lastly, the article argues on the need for framing a separate, secular and gender-sensitive law for the couple opting to cohabit in a live-in relationship.

[lawcolloquy]

The paper aims to present a comparative analysis between two foremost yet contradicting provisions prevailing in the country. On one hand, freedom of speech and expression is the basic human and fundamental right, while, on the other hand, contempt of court is the weapon used against the former right. The perfect irony is that the Constitution of India guarantees fundamental right to freedom of speech and expression vide Article 19, however it is noteworthy that the very same constitution snatches it away using the power to punish for the contempt under Article 129 and Article 215. The Right under Article 19 is to promote plurality of opinions but this right particularly when juxtaposed with Contempt becomes a controversial issue. There are a very few democracies that still provide contempt power to courts and India is one such nation. But it must be kept in mind that it is not the Judiciary which is sovereign but the Constitution that provides the institution with such powers and is hence, supreme. If courts start acting intolerant towards the critical reviews, it would mark the end of democracy. The dignity of judges is not so brittle that it would shatter with some opinions instead of getting motivated to work upon what is right. The paper aims to draw a comparative analysis amongst both the rights and their importance in democracy. The aim is not to sideline the provision of contempt but to realize the need to restrict it to protect the dignity of courts and not the caretakers. Judges deserve respect but not at the cost of threatening the critics, suppressing them and misusing their powers in the disguise of contempt. No right can be jeopardized to protect the pride and self obsession of judges.

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The paper conjuncts upon child rights and the juvenile justice prevalent in India and the provisions being envisaged therein, keeping the child as the central theme of all the policy and legislative provisions and decisions. It is held in mind that whenever an issue related to the child is being confronted by the Juvenile Justice Board and Child Welfare Committee for a child in conflict with law and child in need of care and protection respectively, the best interest of the child is sought. The paper confers the liability of the Government, to make such decisions for providing such opportunities to the children to develop them to the fullest, as stated under Article 39 of the Indian Constitution as a directive to them. Thus, the Juvenile Justice System in India is a result of the several international treaties, one of which played a significant role in the present scenario is that of Convention on the Rights of Child. In India, the current legislation for juveniles is that of Juvenile Justice (Care and Protection of Children) Act, 2015. The Research Methodology adopted in the paper is doctrinal research mainly secondary sources such as the Government reports published by – NCRB, NPAC, and literary references.

[lawcolloquy]

The freedom of speech and expression is the basic human and fundamental right, while, on the other hand, contempt of court is the weapon used against the former right. The perfect irony is that the Constitution of India guarantees fundamental right to freedom of speech and expression vide Article 19, however it is noteworthy that the very same constitution snatches it away using the power to punish for the contempt under Article 129 and Article 215.

[lawcolloquy]

The paper aims to present a comparative analysis between two foremost yet contradicting provisions prevailing in the country. On one hand, freedom of speech and expression is the basic human and fundamental right, while, on the other hand, contempt of court is the weapon used against the former right. The perfect irony is that the Constitution of India guarantees fundamental right to freedom of speech and expression vide Article 19, however it is noteworthy that the very same constitution snatches it away using the power to punish for the contempt under Article 129 and Article 215. The Right under Article 19 is to promote plurality of opinions but this right particularly when juxtaposed with Contempt becomes a controversial issue. There are a very few democracies that still provide contempt power to courts and India is one such nation. But it must be kept in mind that it is not the Judiciary which is sovereign but the Constitution that provides the institution with such powers and is hence, supreme. If courts start acting intolerant towards the critical reviews, it would mark the end of democracy. The dignity of judges is not so brittle that it would shatter with some opinions instead of getting motivated to work upon what is right. The paper aims to draw a comparative analysis amongst both the rights and their importance in democracy. The aim is not to sideline the provision of contempt but to realize the need to restrict it to protect the dignity of courts and not the caretakers. Judges deserve respect but not at the cost of threatening the critics, suppressing them and misusing their powers in the disguise of contempt. No right can be jeopardized to protect the pride and self obsession of judges.

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Home | Law Colloquy/India

'Law Colloquy' has beed created for documenting short precise and substantive articles/notes/videos/news on perceptions regarding various important topics of law. Our aim is to make people familier with the different theories, statutes, laws, and to help one understand and develop the legal mindset.

Law Colloquy Journal of Legal Studies (LCJLS) promotes submissions on a wide range of topics, based on analysing legal and contemporary issues, policy decisions, case studies, proposing/recommending legislative reforms or judgement analysis.

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The paper aims to present a comparative analysis between two foremost yet contradicting provisions prevailing in the country. On one hand, freedom of speech and expression is the basic human and fundamental right, while, on the other hand, contempt of court is the weapon used against the former right.

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LawColloquy

Law Colloquy has been created for documenting short precise and substantive articles/notes/ videos/news on perceptions regarding various important topics of law. Our aim is to make people familiar with the different theories, statutes, laws, and to help one understand and develop the legal mindset." We accept legal journals, Law Journal, Law Notes, and Law Videos